THE HIGH COURT DECISION TO DISMISS SPECIAL PROSECUTOR’S APPLICATION TO FREEZE SIR JOHNS ACHIMOTA AND SAKUMONO ALLEGEDLY STOLEN LANDS WAS PLANNED,MOTIVATED AND INSTRUCTED BY THE PRESIDENCY

President Nana Addo Dunkwa Akufo Addo and Alhaji Bawumia are behind the deliberate and mischievous misconstruing of the special prosecutor’s application for an order of freezing sir Johnson’s stolen Achimota forest lands and that of Ramsar site at Sakumono, to be an order of confiscation, and this is another gross atrocity on the already lost fight against corruption.

Lawyer Kissi Agyebeng who has over fifteen years standing experience at the Bar and even qualified to be a Supreme Court judge, will certainly not misapply his procedural rules, before his appointment to the office of the special prosecutor, he had always sat in the  greater Accra regional tribunal as a judge to administer and adjudicate justice and I can confidently say counsel Kissi Agyebeng is well endowed in both procedural and substantive law and will not make such a petty omission or mistake the high court judge has deliberately claimed with her judicial discretion.

Lawyer Kissi Agyebeng clearly know in his mind that in a case like this, prior to an investigation for the *audi alteram partem*  rule of natural justice to be applied for the other side to also be heard, the only order permissible by any court of competent jurisdiction is an order for freezing and not confiscation.

An order for confiscation is only material after judgement is given, and this is a common principle of law for a reasonable man to understand, not talking of a legal mogul and luminary like Kissi Agyebeng, the case of *Alfred Agbesi Woyome Vrs Attorney General* is instructive to be referenced.

Our unimpeachable sources unveiled that, the decision of the judge to dismiss the special prosecutor’s application for an order to freeze sir John’s alleged stolen properties for the commencement of investigation into the allegations, was an instruction from the presidency and  president Nana Addo himself is aware of that instruction, he ordered for the instruction.

It is really sad how some judges appointed by Akuffo Addo are failing to use their judicial discretion wisely and sensitively in compliance with article125(1) of the  constitution 1992, some of the judges are deliberately refusing to obey the spirit of Art 125(1) which provides that, “justice emanates from the people and shall be administered in the name of the republic by the judiciary which shall be independent and subject to only this constitution” but not Nana Addo nor any other authority at the presidency.

What lawyer kissi Agyebeng should know is that, his senior lawyer Martin Amidu is a man of principles and tough skin, but for him to run away from the mother serpent of corruption, it tells you the place is very muddied and over flooded with corruption and wrong doings, and it will be difficult for him to clean that mess with this same mother serpent of corruption still in the realms of affairs, the moral deficits in the daily transactions of Akufo Addo and his appointees is alarming and nauseating.

For a whole high court established by the constitution to fight wrong doings in the society to deliberately and mischievously reject an order to freeze an alleged stolen properties that belongs to the state by an individual who later willed same to his family members before his death, then we should all know where this country is leading to, it is legally injurious and unacceptable for our judicial system to be subjects of individuals but not the constitution.

The Npp as a political party in government being headed by Akufo Addo the mother serpent of  corruption is allergic to the fight against corruption and it will be difficult for Kissi Agyebeng to make corruption an expensive venture as he wished.

To fight corruption in this country, you need to first fight the elephant, and its surrogates at all levels, if not any attempt will be a gross act of somnambulism and will not see the light of the day.

Regards!

*Odeneho Kwame Abraham Boafo*

*Oti regional deputy communications officer/ deputy regional secretary hopeful*
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